• ITR 4 and LTCG

If a person is filing ITR 4 on presumptive basis and has redeemed some mutual funds on which no tax is payable as per Sec 112A (LTCG after 31.1.18 is only Rs 9500), should they:
1) Show such LTCG as exempt income inn ITR 4?
2) Lose the benefit of presumptive taxation and compulsorily file ITR 3 and show full calculation of LTCG grandfathered upto 31.1.18 and exempted thereafter?
3) Not show LTCG at all and file ITR 4.

I know the correct way is to file ITR 3 but it is genuine hardship on the assessee that he looses presumptive taxation just because of LTCG on which no tax is payable. I want to have a practical view because filing ITR 3 is very difficult as no proper books are maintained, assessee is a professional consulatant.
Asked 5 years ago in Capital Gains Tax

Hi

 

You need to file ITR 3.

 

You can claim benefit of presumptive taxation through ITR 3 also. 

 

We may assist you with the filing.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Hello,

 

You will have to file ITR-3, declaring business income under Presumptive taxation Sec. 44AD and LTCG under Capital Gain. You can use Sec. 44AD presumptive taxation in ITR-3 also.

 

For return filing, you can contact us directly or take a phone consultation for better resolution of the issue.

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

You can take the benefit of presumptive taxation scheme by filing ITR-3 as well along with showing exempt income of LTCG.

Vivek Kumar Arora
CA, Delhi
5004 Answers
1133 Consultations

Dear Sir,

 

You should file ITR 3.

 

You can also take the benefit of presumptive taxation scheme and file the ITR 3.

 

We have handled such cases before.

 

We may help you in ITR filing.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hii

 

You have to file ITR3, but in ITR3 you can use presumptive taxation , there is no bar for the same.

thus file ITR3 and relax.

Lalit Bansal
CA, Delhi
776 Answers
61 Consultations

If because of capital gàin you are required to file ITR 3 that doesn't mean you can't take benefit of presumptive taxation in ITR 3 you can file business income using ITR 3.

And you must show capital gain income.

If you need any assistance to file your return do let me know.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hello Sir,

 

You can file ITR 3 for capital gain as well as presumptive taxation scheme.

 

If you need any assistance, please let us know.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

You don't need to fill entire profit and loss account and balance sheet.

 

Only balances of cash, inventory, debtors and creditors have to be shown if any.

 

Other you can put zero in all columns.

 

Since it's under presumptive taxation, it is a no accounts case.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Yes sir

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Yes

Vivek Kumar Arora
CA, Delhi
5004 Answers
1133 Consultations

You also need to fill Item No. 64 in Part A P&L in no accounts case. 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Yes Sir, you can everything else blank in Balance Sheet and P&L tabs.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

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